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Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the same by paying rents upto date. One Pancharam Saha being plaintiff instituted Title Suit No.86 of 1985 in the Court of the Assistant Judge, Paikgacha, with r..

Category: Criminal Law | Date: | Hits: 142

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ....... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......nce of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner assailed the order on the gro..

Category: Procedural Law | Date: | Hits: 133

Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......man J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......f the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are that the opposite-party as plaintiff instituted a Money Suit in the Court of Subordinate Judge, 3rd Court, Chittagong against t..

Category: Procedural Law | Date: | Hits: 133

Additional Deputy Commissioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......sion (Civil Appellate Jurisdiction) Present: Mozammel Hoque J Abdul Karim J Additional Deputy Commissioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 1993. Result: The appeal is......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......ected against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff. 2. Respondent No.1 being plaintiff instituted the aforesaid Title Suit for declaration..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......solute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......il Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite party in a suit for specific performance of contract got a decree on 31.7.1977...

Category: Civil Law | Date: | Hits: 157

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... 173. ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......nthly tenant on the ground of bonafide requirement for construction of multi‑storied building. The defendant filed written statement stating, inter alia that for new construction as proposed by the plaintiff demolition of the suit premises is not necessary as it does not create any obstruction for..

Category: Procedural Law | Date: | Hits: 125

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... against the same Judgment and out of same and identical facts and those having been heard analogously by this Court, we like to dispose of the said appeals by the same judgment as follows: 4. The plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that,..

Category: Business or Commercial Law | Date: | Hits: 522

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......r section 115 of the Code of Civil Procedure. 3. For the purpose of answering to the question posed, the factual canvass of the matter may be adverted to in brief. 4. The Opposite Party No.1 as plaintiff laid a suit being Family Suit No.31 of 1996 in the Family Court cum Assistant Judge, Patiy..

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......as being not pressed and Civil Petition for Leave to Appeal No.808 of 2008 was dismissed on merit. 7. During pendency of the Civil Petition for Leave to Appeal the appellant Ayat Steels Limited as plaintiff instituted Other Suit No.3 of 2010 before the Joint District Judge, 1st Court, Chittagong ..

Category: Civil Law | Date: | Hits: 235

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415....... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......s directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against the defendants appellants and proforma defendan..

Category: Business or Commercial Law | Date: | Hits: 349

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......his Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......dded 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of the Code of Civil Procedure. 2. The plaintiff-opposite party No.1 on 28-1-81 instituted title suit No.33 of 1981 in the Court of 4th Sub..

Category: Procedural Law | Date: | Hits: 121

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......tion that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in Settlement Appeal Case 154 of 1981-82 cancelling the settlement of the suit land made earlier in favour of the plaintiff and the order dated 9-10-85 passed by the Additional. Deputy Commissioner (Revenue), Chitt..

Category: Property Law | Date: | Hits: 105

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......ase is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......�� For the Petitioner Rabi Shanker Chakrabarty, Advocate — For Opposite Party Nos.1 and 2. Civil Revision No.1808 of 1997. Judgment Md. Fazal Karim J.- This Rule, at the instance of the plaintiff is directed against Order No.2 dated 17-11-96 in Other Suit No.146 of 1996 passed by Senio..

Category: Procedural Law | Date: | Hits: 178

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in..

Category: Procedural Law | Date: | Hits: 148

Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)

....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......— For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......nder Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla f..

Category: Procedural Law | Date: | Hits: 131

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ...... High Court Division (Civil) Present: Md. Abdul Karim J Md. Ali Asgar Khan J Yousuf (Md.)…….......Appellant Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents Judgment October 28, 1997. Result: The appeal is d......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the suit filed by plaintiff Hajee Abdul Wahab (since deceased) which is a residential house in Dhanmondi residential a..

Category: Property Law | Date: | Hits: 120

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......e, 2nd Court, Chittagong in Other Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin an..

Category: Property Law | Date: | Hits: 95

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......�…Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ...... the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34 of 1968 dismissing the suit for declaration of a Hebanama as void and inoperative. 2. Plaintiffs case, in short, is that the plaintiff and defendant Nos.1-16 are the heirs of late Abdur Rahman Sikder who was a sunni muslim. T..

Category: Property Law | Date: | Hits: 152

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. .....................Opposite Parties Judgment August 8, 1989. Result: The Rule is made absolute. Cases Referred to- Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143. Lawyers Involved: S.R. Pal with Pa......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ......passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him. 2. The case of the plaintiff, in short, is that the suit land belonged to Kunjalal Shaha and Radhikalal Shaha in equal ..

Category: Administrative Law | Date: | Hits: 488

Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)

....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391....... Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & ......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......r eviction from the suit premises. In their written statement the petitioners denied the title of the opposite-party Nos.1 and 2. A title suit being Title Suit No.910 of 1979 is pending between the plaintiff-opposite party Nos.1 and 2 and the common purchaser of opposite-party No.4, namely, Abdu..

Category: Procedural Law | Date: | Hits: 107

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